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HomeMy WebLinkAboutResolution 2047A Resolution RESOLUTION NO U A RESOLUTION OF THE CITY OF FORT WORTH, TEXAS, WAIVING THE RIGHT TO RECEIVE PROCEEDS, UNDER CERTAIN CONDITIONS, FROM SALE OF SURPLUS PROPERTY IN CONNECTION WITH THE MITIGATION PROGRAM RELATED TO THE EXPANSION OF RUNWAYS 16/34E AND 16/34W AT DALLAS-FORT WORTH INTERNATIONAL AIRPORT WHEREAS, the Dallas-Fort Worth International Airport Board ("Airport Board") has established a mitigation program for the acquisition and resale of single-family, residential properties (the "Program") related to the construction of runways 16/34E and 16/34W; and WHEREAS, the Airport Board at its January 5, 1995 meeting, passed Resolution No 95-01-004, which authorized the Executive Director to request the Cities of Dallas and Fort worth, Texas ("Cities") to each pass a resolution to allow the revenue from the resale of surplus property to remain in the Program, and WHEREAS, it is desirable to retain funds obtained from the resale of surplus property sold under the terms of the Program for runway 16/34E or 16/34W to be reused in the runway 16/34E or 16/34W Program (except for the Sound Insulation Program, which is mitigation by insulating sound from multi-family units, churches, schools and other selected facilities), and WHEREAS, certain provisions in the 1968 Contract and Agreement between the Cities ("Contract"), as well as the 1968 Regional Airport Concurrent Bond Ordinance ("Ordinance"), provide that proceeds from the sale of surplus property at the Airport be paid to the Cities as a return of capital, and WHEREAS, payment to the Cities of the proceeds of surplus property sold under the terms of each runway's Program was not anticipated and would have an adverse affect upon the funding of Dallas-Fort Worth International Airport ("Airport") for each runway's expansion, and WHEREAS, the total budget for each runway's Program is net of the proceeds derived from the resale of surplus properties; the resale proceeds are scheduled and budgeted for CITY OF FORT WORTH continuous funding of each runway's Program; federal grant participation in the acquisition is 75%; and the Airport must reimburse the Federal Aviation Administration for ?5% of resale proceeds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXA5 SECTION 1 That the City of Fort Worth hereby conditionally waives its rights under certain provisions of the Contract and the Ordinance to receive proceeds of the Program surplus property sales in connection with the Airport's expansion of runway 16/34E, to the extent that, and so long as, the proceeds are used for the Program (except for the Sound Insulation Program), but only until December 31, 1998 at which time all proceeds not reimbursed to the FAA shall be returned to the Cities as a return of capital in accordance with provisions of the Contract and Ordinance SECTION 2 That the City of Fort Worth hereby conditionally waives its rights under certain provisions of the Contract and the Ordinance to receive proceeds of the Program surplus property sales in connection with the Airport's expansion of runway 16/34W, to the extent that, and so long as, the proceeds are used for the Program (except for the Sound Insulation Program), but only for the four (4) year period following commencement of the Program for runway 16/34W, following which time all proceeds not reimbursed to the FAA shall be returned to the Cities as a return of capital in accordance with provisions of the Contract and Ordinance SECTION 3 That the waiver of rights contained in this resolution are further conditioned upon approval of a similar resolution by the Dallas City Council SECTION 4 That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Fort Worth, and it is accordingly so resolved ADOPTED THI5 c%~ day of _ , 1995 ~/ o ~ City Secretary APPROVED CITY COU1f~f, 2 ~~~ 28 '~ CITY OF FORT WORTH